SENATE BILL REPORT

EHB 2832

BYRepresentatives Youngsman, Rayburn, McLean, Doty and Nealey

Revising provisions for horticultural plants and facilities.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

Senate Hearing Date(s):February 15, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Gaspard, Hansen, Madsen, Newhouse.

Senate Staff:John Stuhlmiller (786-7446)

                  February 15, 1990

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 15, 1990

BACKGROUND:

The horticultural nursery dealer statutes are administered by the Department of Agriculture.  These statutes levy an annual assessment on fruit trees, fruit tree seedlings, fruit tree rootstock, and rootstock used for fruit trees.  The assessments and inspection fees collected under the statutes are to be used for certification and nursery improvement programs including those for testing and improving fruit trees.

The Department of Agriculture is advised on the administration of the horticultural nursery dealer statutes by an advisory committee consisting of the presidents of:  the Washington State Floricultural Association, the Washington State Bulb Association and the Washington State Nursery Association.

Violations of these statutes or the rules adopted under them are misdemeanors or gross misdemeanors for subsequent offenses.  In lieu of this penalty, a person who conducts certain activities without a license or permit is subject to a civil penalty of not more than $200.

SUMMARY:

Civil Penalties.  The maximum amount of the civil penalty which may be levied by the director of Agriculture under the horticultural nursery dealer statutes is increased from $200 to $1,000.  The penalties under this act are extended to any person who aids or abets in a violation.

Assessments.  The plants which are subject to assessment under the nursery dealer statutes now include nursery stock of fruit tree related ornamental trees of certain specified genera.  In general, such assessments are based on the first sale price of the stock.  The plant certification and nursery improvement programs funded by the assessments are expanded to include fruit tree related ornamental trees.

Fees.  Fees for inspections conducted under these statutes are due upon billing by the Department of Agriculture, rather than due the next business day after the inspection.  A late fee is established for payments which are overdue, and the director may refuse to provide services under the nursery dealer statutes to persons whose payments are overdue.

Other.  The authority granted to the director to condemn horticultural plants under the nursery dealer statutes is expanded.

The advisory committee composition is changed to not less than four members representing nursery dealers and the nursery industry.  The director shall make the appointments in consultation with the current members who will be displaced.

Conservation districts are included among the groups which may conduct limited sales of horticultural plants without obtaining a license.  The fees for the permits which these groups must secure in lieu of licenses are to be determined by the director by rule.

Labeling requirements for shipments and units of sale of horticultural plants are also modified.

SUMMARY OF PROPOSED COMMITTEE AMENDMENT:

All violations of the act are punishable by a civil penalty, and the reference to a misdemeanor or gross misdemeanor is deleted.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 15, 1990

Senate Committee - Testified: Mike Schwisow, Department of Agriculture